Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-06
APPLICATION FOR PATENT.

the record, ana can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
~Second-The notice was not published in q
new paper designated a. published nearestt the
claim.
Thlrd-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending = suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the Claim was not located in accord.
ance with law.
tinct portions of u claim, application for
pateht may be made by either for nat portion
of the claim owned by him but where soyeral
parties own undivided interests In mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations ss the local Law admits,
and embrace them all In one application for q
pstont.
Two or more lodes cannot be embraced In
VAo VI oso UANOkt vi RtutVk
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to act rs q deputy for the Register and he
ceiver cannot be recorded a. evidence.
In all patents for mining claims situated
within the interior boundaries OF 3 town site
. clause Ia in erted 'excepting and excluding
all town property, rights upon the surface.
and all houses, buildings. structures. lots,
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here
In. and sill rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period OF so days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designAtes the d ally issue
Of q newspaper for publication Of notices of .
mining application for patent Ii is not a COM
pliance with law to change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence OF q salt spring on a tract of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
1t IL alleged conficta with The premises owned
by such adyersecizimant
TIL papers in an adverse claim, once nled
cannot be Withdrawn, but become s q part Of the
record.
When an adverse claim has been filed it can.
not be amended SO as to embrace u larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local OH oe
during the period Of publication OF the appli.
cation for the patent to be effective.
1t 10 the duty of the adverse claimant o
suit in proper form within the re-
quired time, and If he trusts the uncertain
medium OF the United States mail he must
abide the consequences should the delay
ensne, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor fupt or dishonest action OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions OF law, without stating the
facts specially. will not be considered 10 evi.
dence.
An adverse claimant should show a complt.
ance with the local laws in recording his clsim
and In regard to expenditures, aud shall nle A
copy Of the original notice Of his location. and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL Axps.
Where land is of little. If any value, for .pri.
cultural purposes, but 10 essential TO the
proper development Of mining claims. n
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an Agricultural
entry, said entry will be Cancelled AZ any time
prior to issuance of patent. upon satisfactory
evidence Of the existence of such valuable de.
posits. w.
Where valuable deposits Of mineral are di..
covered upon . tract sitter the same ass been
entered 40 agricultural, but before I ,tent has
been Issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled T.,
mat portion of the land embraced by said
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
Issued to an agricultural claimant, they psss
with the patent. -
Agricultural College scrip cannot be
ceived in payment for claims.
foreigner may make a mining location
dispose OF 1t. provided he becomes 4 citizep
peiore oisposing OF the mine. Proof that the
party was not q citizen before disposIng OF hts
claim must be sflrmatively shown.
Locators and intermediate owners othay
than applicants, will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance Of patent.
The portion of 9 mining claim sold to an
Aiien cannot be patented while such owner lie
an alien; but on his declarationt O become A
citizen his right dates back to his purchase.
aud he may thereupon secure United states
patent for his claim.
CROSS LEDeEs
Revised Statutes. Section 1850:
Where two or more lodges cross or tnteraect
escn other, priority Of title shall govern, and
sucn prior location shall be entitled TO all ore
or mineral cont ined within the space of inter.
stcnon, put the subsequent location shall have
the right OF way through the space Of inter-
section ior the purpose Of the convenient
worA'ne OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. In
ciuding All Inc space of intersection.
TUNNELS.
There 10 no authority Of law for a tunnel
location 5000 BY ]. 800 feet. A proper location
IL the width OF the tunnel for 5000 feet.
Tnere IL no provision OF Law for pateutiDe
tunnel locations, but lodes discovered In run.
as other lodes.